N.J. Admin. Code § 13:45A-26E.5

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:45A-26E.5 - Repair of nonconformity

(a) When a consumer believes that a new motorized wheelchair does not conform to an applicable express warranty, the consumer shall:

1. Notify the manufacturer, motorized wheelchair lessor or any of the manufacturer's authorized motorized wheelchair dealers of the nonconformity by mail, each time a nonconformity occurs; and

2. Make the motorized wheelchair available for repair before one year after first delivery of the motorized wheelchair to the consumer.

(b) If, within the terms of an express warranty applicable to a new motorized wheelchair, or within one year after first delivery of the motorized wheelchair to a consumer, whichever is earlier, substantially the same nonconformity has been subject to repair three or more times by the manufacturer, lessor or any of the manufacturer's authorized dealers and the nonconformity continues to exist, or the motorized wheelchair has been out of service by reason of repair for one or more nonconformities for an aggregate total of 20 or more days since the original delivery of the motorized wheelchair, and a nonconformity continues to exist, and the manufacturer refuses to replace or refund the price of the motorized wheelchair after one of the above conditions occurs, then the consumer shall be considered as having met the criteria necessary to pursue a Wheelchair Lemon Law claim and may then:

1. Refer the matter to the manufacturer for resolution through the manufacturer's dispute resolution settlement procedure;

2. Refer the matter to the WLLU for dispute resolution; or

3. File an action in the Superior Court of New Jersey. Any party to an action asserting a claim, counterclaim or defense based upon violations of the Wheelchair Lemon Law shall mail a copy of the initial or response pleading containing the claim, counterclaim or defense to the Attorney General within 10 days after filing the pleading with the court.

N.J. Admin. Code § 13:45A-26E.5

Amended by R.2000 d.460, effective 11/20/2000.
See: 32 New Jersey Register 3282(a), 32 New Jersey Register 4126(a).
In (a)1, substituted "mail," for " certified mail, return receipt requested," following "nonconformity by".